A contract employee who said only that he would “not be opposed” to mediation, but didn’t actually request it, didn’t satisfy a condition precedent for suing. In light of his previous non-suit after months of litigation, the circuit court had ...

Tagged with: Contract Justice S. Bernard Goodwyn Supreme Court of Virginia

A factfinder could conclude that a rail company bargained in bad faith in its contract with a coal shipper. Evidence supported an inference that the rail company actively incentivized third parties to frustrate the shipper’s performance and then refused good-faith ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

Tagged with: Contract Judge Mark Davis Property Tort U.S. District Court - Eastern District

Two business owners had purchased life insurance through their corporation to provide funds for stock redemption in the event of death of a partner, as well as life insurance for estate. Originally, each partner was the owner and beneficiary of ...

Tagged with: Chesapeake Circuit Court Contract Judge Randall D. Smith Million-Dollar Verdicts

A plaintiff allegedly trying to assume the loan obligations on a home owned by her late husband did not plausibly allege facts to support her breach-of-contract claims against the lender. The entity that conducted the foreclosure sale was dismissed as ...

Tagged with: Banking Contract Judge M. Hannah Lauck Mortgage Real Estate Real Property U.S. District Court - Eastern District

By the unambiguous terms of a plea agreement, the government had discretion to determine whether the defendant had complied with his obligation under the agreement to give full and complete testimony when asked. Given this discretion, it was not required ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Criminal Judge William B. Traxler Jr. Sentencing

A contract employee who said only that he “would not be opposed” to mediation, but didn’t actually request it, didn’t satisfy a condition precedent for suing. In light of his previous non-suit after months of litigation, the circuit court had ...

Tagged with: Contract Employment Justice S. Bernard Goodwyn Supreme Court of Virginia

A circuit court had jurisdiction to decide a merger dispute between two churches. Resolution centered on the parties’ merger agreement, not their religious doctrines or other ecclesiastical questions. Background After falling behind on its mortgage payments, Pure Presbyterian Church of ...

Tagged with: Constitutional Contract Declaratory Judgment First Amendment Justice Stephen R. McCullough Real Property Supreme Court of Virginia

In arranging a site visit from a competitor, a cooking-oil refinery’s attempt to safeguard its technology via prior agreement was only partially successful. Though largely unenforceable, the agreement demonstrated the plaintiff’s desire and reasonable efforts to maintain its technology as ...

Tagged with: Business Law Contract Judge Norman K. Moon U.S. District Court - Western District

In a contract dispute between a Dominion subsidiary and a pipeline-construction company, the court resolved some issues related to non-payment claims, but held that the scope of the parties’ contract and certain aspects of its performance could not be determined ...

Tagged with: Construction Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District Utilities